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In Line Chiropractic, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50275(U))
[*1]


Decided on January 25, 2005
Civil Court of the City of New York, Bronx County

73238BCV2002
Larry S. Schachner, J.
Upon the papers submitted and after oral argument, the defendant's motion for summary judgment is decided as follows:
Plaintiff, a medical provider, commenced this action to recover unpaid first-party no-fault insurance health service benefits rendered to Demond Webb, the assignor of its claims. Defendant now moves for summary judgment dismissing plaintiff's complaint upon the ground that plaintiff violated the 3-year Statute of Limitations as it applies to defendant Motor Vehicle Accident Indemnification Corporation ("MVAIC").
file:///C|/Users/Peter/Desktop/NY/2/2005_50275.htm[4/21/2013 2:16:33 PM]
In Line Chiropractic, P.C. v Motor Veh. Acc. Indem. Corp. (2005 NY Slip Op 50275(U))
In support of its motion for summary judgment, defendant submits, among other things, a copy of the pleadings and an affidavit from its Claims Examiner, Rod Kinsey, in which he avers that the subject motor vehicle accident occurred on July 9, 1999; the instant complaint was brought against MVAIC on September 27, 2002; and MVAIC declined payment for the medical services rendered to plaintiff's assignor because plaintiff violated the 3-year Statute of Limitations by bringing its claim more than 3 years after the claim had accrued. Defendant asserts that the 3-year Statute of Limitations begins to accrue from the date of the accident.In opposition to the motion, plaintiff submits a copy of the denial of claim form indicating, among other things, the dates that the bills were received by the insurer, to wit, November 15 and December 20, 1999 and January 28, 2000; and that all were denied on May 31, 2002. Plaintiff contends that its cause of action begins to accrue on the date the denial is issued.
There is no dispute between the parties that the 3-year Stature of Limitations is applicable to the instant matter. See generally, Motor Veh. Acc. Indem. Corp. v Aetna Cas. & Sur. Co., 89 NY2d 214 (1996). Rather, the issue before this court is when does the 3-year Statute of Limitations begin to run from the date of the accident, from the date the denial is issued, or, from the time a cause of action accrues in accordance with the applicable statutory framework.
Generally, the applicable Statute of Limitations is activated once a cause of action [*2]accrues. id. at 221 (citing CPLR 203 [a]; 1 Weinstein-Korn-Miller, NY Civ Prac

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